Wirral Council

Smoking Shelter Guidelines

2

CONTENTS

PAGE 3 LEGAL CONSIDERATIONS

PAGE 4 LOCATION CONSIDERATIONS

PAGE 5 LICENSING CONSIDERATIONS

PAGE 6 NUISANCE AND ANTI-SOCIAL BEHAVIOUR CONSIDERATIONS

PAGE 9 SAFETY CONSIDERATIONS

PAGE 12 EQUAL ACCESS CONSIDERATIONS

PAGE 13 PLANNING & BUILDING CONTROL CONSIDERATIONS

PAGE 16 CONSTRUCTION CONSIDERATIONS

PAGE 17 FURTHER INFORMATION

APPENDIX 1: EXAMPLES OF GOOD AND BAD SMOKING SHELTERS

APPENDIX 2: SMOKING SHELTER CALCULATIONS

APPENDIX 3: SMOKING SHELTER PRE-PLANNING APPLICATION FORM

DEBRA DUNCANTEAM MANAGERMAY 2007WIRRAL COUNCIL

Acknowledgements

Most of the information contained in these guidelines has been developed by Ellesmere Port and

Neston City Council, Rushcliffe Council, Gateshead Council and Leicester City Council and arereproduced here with their knowledge. Information has also been provided by the PlanningOfficers Society. Pictures of different types of shelters/enclosures have been reproduced herefrom various commercial websites but this should be taken as an endorsement of any particulartype or make.

3

LEGAL CONSIDERATIONS

Introduction

Wirral Council wants to see local businesses thrive during the introduction of smoke freelegislation, as has been the case in Ireland, Scotland and Wales. That means avoidingunnecessary costs from poor planning and design of workplace smoking shelters.

If you are considering putting up a smoking shelter we advise you to contact us before youtake any action to ensure that the shelter meets with building, health and safety,environmental and planning legislation.

This document outlines the key principles set by the council when granting planningpermission to businesses wishing to put up smoking shelters, plus building regulations, toassist design and management. Officers from the Council will happily discuss any plansbefore you submit them. A list of contact names and numbers is included at the end of thisguidance to help you.

Scope and Legislation Definition ;Under the new Smoke-free (Premises & Enforcement)Regulations 2006 nearly all public places and work places that are enclosed or substantiallyenclosed must be smoke-free from the 1st July 2007.

Definition of “enclosed premises” is as follows: -

Premises will be considered to be “enclosed” if they have a ceiling or roof, and exceptfor doors, windows or passage ways are wholly enclosed, whether on a permanent ortemporary basis.

Definition of substantially enclosed is as follows: -

Premises will be considered to be substantially enclosed if they have a ceiling or roof, butthere are openings in the walls which are less than half of the total wall area, including otherstructures that serve the purpose of walls and constitute the perimeter of the premises. Whenworking out the area of an opening, no account can be taken of openings in which doors,windows or other fittings can be opened or shut.

Definition of partially enclosed is:

Premises will be considered to be partially enclosed if they have a ceiling or roof, but thereare openings in the walls which are more than half of the total wall area, including otherstructures that serve the purpose of walls and make up the perimeter of the premises. Whenworking out the area of an opening, no account can be taken of openings in which doors,windows or other fittings can be opened or shut.

Therefore if an area has no roof, smoking will be permitted within it and no furthercalculations will be needed; provided adjoining walls, structures, doors etc do not restrictair movement.

4

LOCATION CONSIDERATIONS

This is probably the most sensitive issue. Where the shelter is sited will have an effect onadjoining properties and uses (this includes commercial premises as well as dwellings). Thisis particularly important with historic buildings and buildings in Conservation Areas.

Location of the proposed smoking shelter is extremely important to get right at theplanning stage, as putting right any mistakes will be costly.

Think about how people will enter and leave the smoking shelter. For safety reasons, peopleshould not have to reach it by crossing a road, car park or delivery bay. Where this isn’tpossible, accident prevention measures must be put into place. Examples include: -

. • Barriered walkways

.

. • One way system

.

. • Personal protective equipment (for employees only)

.

. • Hatched out flooring

Also, the use of shelters will increase the amount of times external doors are used toaccess/egress these areas. This may lead to noise nuisance issues with adjoining premisesand also smoke entering into the building. This can be avoided by the provision of anacoustic/ventilated lobby. This can be achieved by providing two sets of doors that are off-set,for any external doors predominantly used as an entrance or egress to smoking areas. Thesedoors should be fitted with self-closures.

5

LICENSING CONSIDERATIONS

Smoking Shelters that are to be built on licensed premises for customers and staff should beaware of restrictions within their licence, particularly involving outside areas. It is stronglyadvised that Premise’ Licence holders look carefully through their licence as most premises inthe Wirral have conditions relating to usage of beer gardens and external areas. Theseconditions have to be taken into account when designing and installing smoking shelters.

Conditions and Licence Restrictions

Below are example licence conditions applied to a number of licensed premises.

“Management should ensure that the external drinking areas are only utilised between10:00 and 22:00”

“Use of the beer garden shall not be permitted between the hours of 23:00 and 10:00”

Conditions such as these have been put on the majority of licensed premises with externaldrinking areas to prevent public nuisance. Late at night background noise levels are low,meaning noise travels greater distances and can be more of a concern. People drinking in abeer garden rarely causes a nuisance to adjoining premises but during more sensitiveperiods at night, for example, when neighbours may be trying to sleep, complaints of noisenuisance and disturbance could be received.

Licence Variation

If you do want customers to be able to drink and smoke outside your premises after thetimes stated in conditions on your licence then you will need to apply to the Council for avariation. The contact number for licensing is listed at the end of the guidance.

Please be advised that by applying for a licence to allow drinking outside until late in theevening or early in the morning, you may receive objections from residents and fromresponsible authorities such as Environmental Health and the Police.

All planning applications for smoking shelters are subject to comment by the PollutionControl Team and the Health & Safety Team. Where the site of a smoking shelter could be asource of public nuisance the unit is likely to object. Early consultation is highlyrecommended.

6

NUISANCE & ANTI-SOCIAL BEHAVIOUR CONSIDERATIONS

Where possible smoking shelters should be sited away from private housing where smokeand noise may become an environmental issue (see Noise/Nuisance).

It should be noted that any public nuisance caused in a beer garden by customers is theresponsibility of the Premises Licence Holder or Designated Premises Supervisor.

It is the responsibility of staff at the premises to ensure noise from all external areas is kept toa minimum. Display posters asking customers to keep noise to a minimum.

Please be aware that the Licensing Act 2003 has brought in new powers for bothEnforcement Agencies and residents to have a say in how licensed premises operate.Residents now have the ability to call for a “Review” if they are affected by any of theLicensing Objectives:

. •Prevention of Public Nuisance

. •Prevention of Crime and Disorder

. •Protection of Children from Harm

. •Public Safety

This could include noise from an outside smoking shelter, smoking area or beer gardenwhether alcohol is being consumed or not. A review could lead to stricter conditions,reduction in operating hours or ultimately a revocation of the licence.

To avoid problems with neighbours and licensing issues please take into account thefollowing advice:

. •Smoking shelters should be placed away from housing and if possible with some form of insulation (wall, close boarded fence etc) between customers and residents to help mitigate the noise.. •Speak to your neighbours, advise what you plan to do and get their. suggestions. •Look through your license carefully and check what you are. licensed to do, do you require a variation?. •Display posters to keep noise to a minimum in external areas. •Speak to your customers and advise them that they need to keep. noise to a minimum in external areas, and advise them of the. reason why.. •Ensure smoking shelters are secure to avoid misuse by customers. after the premises is closed.

Anti-social Behaviour

Licensed premises often attract youths during evening periods. Try and ensure smokingshelters are monitored, covered by CCTV or secure to ensure youths do not congregate inthese areas during or after operational hours (see Security Section).

7

Noise/Nuisance

The smoke free legislation will increase the amount of times external doors are used forentrance and egress. If you operate premises with regular entertainment, be aware that thiswill increase the amount of noise escaping. To avoid causing a noise nuisance to adjoiningpremises, an “acoustic (ventilated) lobby” should be provided. This can be achieved byproviding doors that are off-set, for any external doors predominantly used as anaccess/egress to smoking areas. These doors should be fitted with self-closures. This will helpminimise the amount of noise that escapes when people go outside to smoke and limit theingress of smoke back into the building.

All shelters should befaced inwards toreduce noise.However to meet theregulations any edgesof the smoking sheltershould be at least 1.5metres away fromother structures, suchas walls or hedges sothat it is not consideredpart of the shelter. Thiscould then affect the50% open air rule. Theexample opposite isacceptable.

Security and Lighting

Pay attention to lightingto and inside the shelter,especially if it will beused at night to allowsafe access to theshelter. Lighting canalso be a statutorynuisance. You shouldalso think about thedirection of lighting andwhere possible face itaway from any privatehousing. A suitableexample is shownopposite.

8

Littera) On or inside Premises

The Workplace (Health, Safety and Welfare) Regulations 1992 requires every workplaceshall be kept sufficiently clean and ensure that waste materials are not allowed toaccumulate.

b) Outside premises/Public Highway

The Litter (Fixed Penalty Notices) Order 1991 makes it an offence to throw cigarette butts onthe floor, which could result in a fixed penalty notice of £75. Duty holders should display signsstating this and asking people to use the ashtrays provided. This will not only benefit theindividuals who may be unaware of the offence but also the duty holder who will have to clearup less cigarette ends.

c) The Future

In addition, litter created by employees around their workplaces, including discarded cigaretteends, could become the responsibility of businesses to clean up as part of governmentproposals currently being considered. These proposals would widen the range of premiseswhich face Street Litter Control Notices to include all types of eating and drinking venues andoffice buildings. This would give local authorities the power to require the occupiers or ownersto clear up litter in the immediate area of their premises, including that created by theircustomers, and to install disposal facilities or risk a fixed penalty notice of up to £110.

SAFETY CONSIDERATIONS

For all smoking shelters you must consider the safety of its users and also any property keptinside. The personal safety of the shelter’s users is paramount and must be consideredthrough all aspects of design, construction and maintenance. Where possible the sheltershould be in sight of staff for example close to an (unopened) window. Consider CCTV to beable to record any criminal activities as evidence. If CCTV is installed in these areas theappropriate signs should be displayed.

The use of the structure should be adequately controlled from any licensed premises duringopening hours; its misuse after opening hours should be sufficiently controlled to avoidnuisance to nearby properties.

Duty holders must consider the likelihood of children and young adults congregating in theareas and put measures in place to prevent this from happening, particularly out of hours.These would include building the shelter from shatter proof glass and to avoid seating. If it isreasonably foreseeable that children and young adults will try to use these areas, dutyholders must try to make the shelter unattractive to them.

Heath and Safety

In licensed premises it is advisable that you have a no glass policy for external smokingshelters in order to prevent glasses from breaking and causing a hazard. If you cannot havea no- glass policy you must have a glass collection, which clearly states who is responsible

9

for collecting the glasses and how often they are to be collected. It is advisable to train all ofthe staff to look out for broken glass and to clear it away in a safe manner as soon aspossible.

Ashtray All smoking shelters should be provided with metal (or other fire retardant material)ashtrays suitable for outdoor use, that are made from a non-corrosive metal.

Free standing ashtrays (suchas floor ash bins or ash andgeneral rubbish bins) will onlybe allowed if they are fixed toeither the floor or theshelter’s structure itself and ifthere is no alternative.

Good examples of ashtraysappropriate for a smokingshelter are shown here.They are metal inconstruction and their designrestricts oxygen flow and sodiscourages fires.

Heating/LightingIf you wish to provide heating in a smoking shelter you must fully consider all the health andsafety implications. Where possible you must provide permanently fixed radiant heaterspositioned so that they can not be tampered with or pose a burning danger to those within theshelter. It would be preferable that the heating levels can be altered (by trained employeesonly), so a suitable temperature can be reached.

Where possible it is advised that gas heaters should not be used, as these can be easilytampered with and pose an additional fire hazard due to the gas cylinder supply. However,where there is not another option the duty holder must complete a risk assessment inaccordance with current legal requirements.

Where possible you must provide permanently fixed radiantheaters positioned so that they can not be tampered withand pose an additional fire hazard due to the gas cylindersupply. However, where there is not other option the dutyholder must complete a risk assessment in accordance withcurrent legal requirements

10

Fire SafetyIt is important to be aware that under the Regulatory reform Fire safety, order 2005, thosewho own or operate premises, whether employers or not, have a legal duty to undertake a firerisk assessment. This assessment should take account of the provision of a smoking shelterand the risk of fire due to the potential sources of ignition (cigarettes and matches) and anycombustible materials.

Fire ExtinguishersIt is recommended that at least one two litre water fire extinguisher should be placed asclose as possible to the nearest door/exit to the main building from the smoking shelter.

Visibility and AppearanceThe duty holder must consider if the proposed site will be visible to the street scene and howit relates to the design of the building that it is attached to and those nearby. Think about theactivities and behaviour of the shelter’s users being seen from other properties. [DevelopmentControl can provide assistance – see information below]

Material/FabricWhere possible a shelter should be made from coated metal to prevent fire and be weatherresistant. Plastic should be avoided, but where its use is unavoidable it should be fireresistant.

Additionally wood should be avoided, but where wood is necessary to the design, such asfor decked smoking areas, all precautions must be taken to avoid the risk of fire through abuild up of waste. Therefore any raised decking area must be fully enclosed, with accessunderneath to ensure any waste can be cleared regularly.

The decking should be installed to avoid gaps between the flooring board to preventunextinguished ‘butts’ falling below.

Unsatisfactory decking Satisfactory decking

11

Where possible walls should be made from shatter proof glass, so it is possible to see into theshelter (to avoid any unwanted, illegal activities taking place).

Car parking areas may create blind areas close to shelters and so should be avoided.

EQUAL ACCESS CONSIDERATIONS

Disability Discrimination Act

The smoking shelter must be suitable for everyone to use. The design must considerwheelchair users and therefore have safe access. It must also consider visual and hearingimpairments, and consider the following: -

• Any steps must have their edges highlighted with paint• Safety and information signs should be in large print or braille (where possible)• Signs must be positioned where everyone can notice them.

Examples: -

This would not be a suitable smoking shelter This is a suitable smoking shelter as it does not allow access for wheelchairs. as it does have access for wheelchairs

12

PLANNING/BUILDING CONTROL CONSIDERATIONS

Planning

Most smoking shelters and similar structures will require planning permission and sometimes approval under the Building Regulations (see below) as well as approval under theSmoke Free Premises Regulations 2006. Due to the number of issues involved inconsidering any application, and in order to save time and expense for all concerned, councilofficers would welcome discussion of any proposals before they are submitted (see FurtherInformation below).

Planning advice and permission can be sought through Wirral Council’s PlanningDepartment using the following link:-

http://www.wirral.gov.uk

When considering shelter applications the planners will consider amongst other things:the location; the structure design, visual intrusion, loss of outlook, light pollution, thesiting of adjacent doors/windows/air intake systems etc, secondary smoke infiltration intoadjacent properties, and loss of parking spaces.

NB Planning permission will not normally be required for portable freestandingawnings/canopies, umbrella type shelters, and space heaters.

Building Control

In certain circumstances the Building Regulations 2000 (as amended) may apply.Exemptions to this are defined in Regulation 9 – Schedule 2 Exempt Buildings and Work.The relevant exemption classifications that smoking shelters could fall under are:

CLASS VI: Small detached buildings

1. A detached single storey building, having a floor area which does not exceed 30m2

, whichcontains no sleeping accommodation and is a building that:

(a) has no point which is less than one metre from the boundary of its curtilage; or(b) is constructed substantially of non-combustible material.

2. A detached building, having a floor area not exceeding 15m2

and which contains nosleeping accommodation.

CLASS VII: Extensions

The extension of a building by the addition at ground level of,

(a) any ‘partially enclosed’ conservatory, porch, covered yard or covered way; or(b) a carport open on at least two sides;

13

where the floor area of that extension does not exceed 30m2

, provided that in the case of aconservatory or porch, which is wholly or partly glazed, the glazing satisfies the requirementsof Part N of Schedule 1.

Where a shelter falls outside the above classifications, a Building Regulationsapplication must be submitted.

Construction

Under the Construction (Design and Management) Regulations 2007 a construction project isnotifiable if the construction phase is likely to involve more than—

(a) 30 days; or(b) 500 person days

If the construction of a smoking shelter falls under this category the CDM coordinator mustnotify the Health and Safety Executive immediately on 0845 3450055.

Assessment of Compliance

The 50% ‘open’ rule will be calculated based on the area of open spaces within the plannedshelter, including all lattice and trellis work. Consideration will be paid to any future changesto the shelter such as plants that grow up any trellis, thus reducing the open spaces. All ofthe above should be considered for safety and compliance.

The planning department will not take into account the compliance of a smokingshelter when considering if an application is to be accepted. It is up to the applicant toensure that the smoking structure is 50% open to the outside air. Smoke-free officerswill be informed that a smoking shelter planning application has been submitted. Theywill then take note and visit the structure in future to check compliance. To avoid anycompliance issues contact the smoke-free team on 0151 606 2020 for advice.

OTHER CONSIDERATIONS

We recommend duty holders assess all the economic risks involved in putting up,running and maintaining the shelter. Examples are listed below:-

. •Cost of lighting/heating – think about installing dimmer lights and thermostatically

. controlled heating •Planning/building control permission. •Closure for construction. •Extra insurance. •Any licence changes needed. •Maintenance, for example cleaning glass roofs, vandalism etc. •Keeping the shelter free of litter and preventing littering to the surrounding area.

14

Maintenance

All shelters should be adequately maintained and cleaned to make sure they are safeand hygienic.

CONSTRUCTION CONSIDERATIONS

Acceptable Designs

Unacceptable Designs

15

MORE INFORMATION

Further Information

Smoke Free Legislation InformationWebsite: http://www.smokefreeengland.co.uk/Tel: 0800 169 1697

Useful Contacts (Wirral Council):

Smoke-free enforcement team: Kim Ozano or Claire HoganTel: 0151 606 2020Email: environmentalhealth@wirral.gov.uk

Building Control: Information & AdviceTel. 0116 252 6651

Noise and Lighting: Cliff Jones, Pollution ControlTel: 0151 691 8401

Licensing:Tel: 0151 691 8475/6

We stress that if you are considering having asmoking shelter you should contactthe appropriate officers for advice as soon aspossible.

16

APPENDIX 1 – SMOKING SHELTER CALCULATIONS

Enclosed/Open Calculation

The calculation to establish if an area is open enough to allow smoking is as follows:

Measure the whole of the perimeter, excluding the roof and floor (that is, work out the TOTALarea of the four walls).

Measure the TOTAL area of ALL ENCLOSED PARTS of the four walls (again, excludethe roof and floor)

To determine whether smoking will be permitted within this structure the percentage ofENCLOSED (E) over TOTAL (T) perimeter areas must be calculated as shown below:

E X 100 = % Enclosed

T

If the percentage calculated is MORE THAN 50% then smoking WILL NOT bepermitted.

For the purposes of all of the above calculations, any openings (such as doors andwindows) are considered to be enclosed areas.

We suggest that you stick strictly to this guidance to make sure the shelter you areplanning fully meets with this new law.

To help you a number of worked examples are given below.

17

Enclosed area Area of perimeter

Area A 3m x 1m = 3 m2

Sides x 2 = 1m x 3m x2 = 6m2

Area B 3m x 3m = 9 m2

Front & back

3m x 3m x 2 = 18m2

Area C 3m x 1m = 3 m2

Area D 1m x 1m = 1 m2

Area E 1m x 1m = 1

m2

Enclosed area = 17 m2

Area of perimeter = 24 m2

17 x 100 = 62.9% Enclosed - NOT ACCEPTABLE 24

18

Enclosed area Area of perimeter

Area A 3m x 3m = 9 m2

Sides x 2 = 1m x 3m x2 = 6m2

Area B 1m x 1m = 1 m2

Front &

back 3m x 3m x 2 = 18m2

Area C 1m x 1m = 1 m2

Area D 1m x 1m = 1 m2

Area F 1m

x 1m = 1 m2

Enclosed area = 13 m2

Area of perimeter = 24 m2

13 x 100 = 61.9% Enclosed – NOT ACCEPTABLE 24

19

EXAMPLE THREE

Enclosed area Area of perimeter

Area A 3m x 3m = 9 m2

Sides x 2 = 1m x 3m x2 = 6m2

Front & back 3m x 3m x 2 = 18m2

Enclosed area = 9 m2

Area of perimeter = 24 m2

9 x 100 = 37.5% Enclosed ACCEPTABLE 24